SWADESHI COTTON MILLS, JUHI, KANPUR (A UNIT OF NATIONAL TEXTILES CORPORATION, U.P. LTD., KANPUR) Vs. INDUSTRIAL TRIBUNAL (III), KANPUR AND OTHERS

JUDGEMENT

(1.) By means of this petition, the petitioner has sought for issue of a writ in the nature of. certiorari quashing the award dated 1-12-1987 (Annexure 9 to the writ petition) passed by respondent No. 1 in Adjudication Case No. 66 of 1986 as published on 14-3-1988. The aforesaid award traces its origin to a reference made to the Tribunal under Sec. 4-K of the U. P. Industrial Dispute Act, 1947 (hereinafter referred to as the Act), by notification No. 1206 (shra-Aa)/30-Shram (1)-C-B 1547/84 (Kanpur) dated 25-4-1986. The issue raised in the reference as made by the State Government is quoted below for ready reference :

(2.) The facts of the case are that the concerned workmen are admittedly in the employment of the petitioner working at Swadeshi House, Kanpur which is an administrative office of Swadeshi Cotton Mills Company Limited, Kanpur (hereinafter referred to as the company).

(3.) It transpires from the facts on the record that at the instance of 15 employees working at Swadeshi House, an industrial dispute (Adjudication Case No. 350 of 1975) was referred to by the Government of U. P. to the Industrial Tribunal which culminated into an award dated 30-10-1982 in which it was postulated that those 15 employees through working at Swadeshi House, Kanpur, were integrally the employees of the Swadeshi Cotton Mills, Kanpur and as such, they were entitled to the same wages and D. A. as was admissible to similarly situated employees working in the Mills. 1 he petitioner company put up a contest to the dispute on the ground that the workmen who were serving at Swadeshi House were not the employees of petitioner's Mills as it was a separate entity and that they were governed by the shops and Commercial Establishment Act and they could not claim parity with the workmen serving in petitioner's Mills governed by the Factories' Act. The Industrial Tribunal however, accepted the claim of the workmen and abnegated the objection put forth on behalf of the petitioner's Mill's and it gave an award in favour of the workmen, working at Swadeshi House holding them to be the employees of petitioner's Mills and also holding them to be entitled to the wages as also other benefits as admissible to the workmen governed by the Factories' Act. As indicated from the facts on record, the Management came up in writ petition in this Court impugning therein the award in Adjudication Case No. 350 of 1975 and the said writ petition ended up in dismissal by this Honourable Court on 23-4-1983.